Dismissed¶28

Ratnawali Devi v. the State of Assam

Gauhati HC11 Mar 2026WP(C)/581/2018

Case brief

AI extract

What is this about?

Gauhati High Court WP(C)/581/2018, Ratnawali Devi v. State of Assam & Ors., order dated 12/03/2026 by Justice N. Unni Krishnan Nair: writ petition dismissed for non-prosecution; challenge to appointment of respondent No. 5 (Diganta Rajbongshi) as Principal of Burhinagar Junior College, Darrang; obiter observation that retrospective promotion cannot be claimed after superannuation absent a rule provision; respondents represented by Standing Counsel U Sarma, Secondary Education Department; no costs or quantum.

What did the court decide?

The writ petition is dismissed for non-prosecution, there being no appearance for the petitioner on call and no representation on the last date of listing (28.03.2025). ¶28

Ratnawali Devi Vs the State of Assam — Gauhati HC (2026) — LawSathi Research

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GAHC010017272018

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/581/2018

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RATNAWALI DEVI

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W/O- BIRENDRA CHANDRA SARMAH, R/O- VILL- GOMTHAPARA, P.ODEODHANIGHAT, PIN- 784147, P.S- SIPAJHAR, DIST- DARRANG, ASSAM

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VERSUS

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THE STATE OF ASSAM REP. BY COMMISSIONER AND SECRETARY, EDUCATION (SECONDARY) DEPTT., ASSAM

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2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GHY- 781019

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3:THE INSPECTOR OF SCHOOLS DARRANG DISTRICT CIRCLE MANGALDOI ASSAM

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4:THE PRESIDENT GOVERNING BODY BURHINAGAR JUNIOR COLLEGE MAHALIPARA DARRANG-784147 ASSAM 5:DIGANTA RAJBONGSHI S/O- DINANATH DEKA R/O- SONALIPAM MANGALDOI DIST- DARRANG ASSAM

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6:THE SELECTION COMMITTEE FOR THE POST OF PRINCIPAL BURHINAGAR JUNIOR COLLEGE MAHALIPARA DARRANG-784147 ASSA

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Advocate for the Petitioner : MR. D K SARMAH, S K DAS,MD R ISLAM,MS. A TALUKDAR,MR H BORAH,MR P BURAGOHAIN,MR S C DAS,MR. R C DAS

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Advocate for the Respondent : SC, SECONDARY EDUCATION,

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BEFORE

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HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR

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ORDER

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12/03/2026

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None appears for the petitioner on call.

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Mr. U Sarma, learned Standing counsel, Secondary Education Department is present.

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The present writ petition has been instituted by the petitioner assailing the selection and appointment of the respondent No. 5 as the Principal of Burhinagar Junior College.

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This Court finds that the petitioner in the matter had already retired from her services on attaining the age of superannuation in the year 2018 itself.

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It is a settled position of law that after superannuation, the prayer for promotion with retrospective effect would not be mandated to be so considered, more so, when the rules holding the field also do not make any provision for a retrospective promotion in respect of a retired employee.

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However, in view of the fact that there is no one representing the petitioner today, as

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well as it is found that there was no representation on behalf of the petitioner on the last date of listing, i.e., on 28.03.2025, the present writ petition is dismissed for non-prosecution.

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JUDGE

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Comparing Assistant

Ratnawali Devi v. the State of Assam

Case brief

What is this about?

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Ratnawali Devi v. the State of Assam

Case brief

What is this about?

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